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Peace Bond Filing

In the City of Dryden, there are two ways people can get a peace bond - a form of court-ordered protection. Peace bonds are used when someone (the defendant) is likely to commit a criminal act, but there are no reasonable grounds to believe that any crime has been committed. The defendant must obey the conditions of the peace bond or could face criminal charges.

Peace bonds can be enforced anywhere in Canada and can be in place for up to one year. If the threat continues after one year, the peace bond can be renewed.

Getting a peace bond may take several weeks or even months. In an emergency, call 9-1-1.

Who can get a peace bond?

Anyone who is afraid that another person may injure them or a family member can get a peace bond. You can also get a peace bond if you think your property is in danger.

What conditions can be in a peace bond?

The court sets conditions of a peace bond. Common conditions may include:

no contact with the person filing for the bond or their family members including phone calls, visits, email, texts or letters;

no use of non-prescription drugs or alcohol;

not allowed to purchase or own weapons; and

pay, or promise to pay, a fee to the court if conditions are not met.

What happens if a defendant disobeys a peace bond?

Breaching any condition of a peace bond is a criminal offence. As of July 19, 2015, breaking the conditions of a peace bond could result in up to four years in jail. The defendant may also have to pay fees to the court as a condition of the peace bond.

How do I apply for a peace bond with the help of police?

To apply for a peace bond with the help of local police, follow the steps listed below.

Step 1: Inform police

Contact police and explain why you need a peace bond. If you are in immediate danger, call 9-1-1.

Step 2: Police will interview you

Police will need to do this to find out why you are afraid the other person may hurt you, a family member or your property.

Step 3: Police will conduct an investigation

This may include interviewing other witnesses, doing a criminal record check and interviewing the defendant. If the police agree that there are reasonable grounds for your fear, they will draft a peace bond with a list of conditions. Police will contact the defendant and ask if they are willing to agree to the peace bond. In most cases, defendants agree to sign the peace bond to avoid going to court.

Step 4: If the defendant signs the peace bond, the court will also sign.

The police will swear the information given in the interview (step 2) before the court and present the proposed peace bond signed by the defendant. In communities with no courthouse, the peace bond can be presented to the Circuit Court. The court will sign the peace bond, making it effective against the defendant.

A copy of the peace bond is forwarded to the national RCMP headquarters, and a record of it is added to the national Canadian Police Information Computer database. It can be used by police anywhere in Canada doing investigations.

You may ask for a copy of the signed peace bond.

Step 4: If the defendant doesn't sign the peace bond, the court issue a summons.

The police will swear the information before the court and a hearing date will be set. The court will issue a summons for the defendant to appear on that date. The court may also issue an arrest warrant against the defendant.

If the arrest warrant is ordered, the police will arrest the defendant and bring him or her before the court for a show-cause hearing. If the court finds that the defendant is a danger to their self, to others, or is unlikely to appear at the hearing of the peace bond, they can be detained until the hearing. The court can also order the release of the defendant subject to conditions.

Otherwise, the defendant is released without condition, and promises to appear as required at the court for the scheduled hearing of the peace bond application.

Step 5: A peace bond hearing takes place.

The court will hear evidence from the police (or prosecutor) and the defendant. The person filing for the bond may be asked to testify. Most peace bond hearings take a couple of hours, although some cases can take a few days.

At the end of the hearing, the court will either dismiss the application or order the defendant to enter into the peace bond.

If the peace bond gets put into place, get a copy of it from the court registry. This makes it easier to complain to police if you believe defendant is breaching the conditions.

How can I get a peace bond without the help of police?

Any person can apply to a court to get a peace bond against another person.

You can consult a lawyer for help or go to the local courthouse and ask to see a clerk of the criminal court. The clerk will advise you on how to appear before the court to present your information. This is a sworn statement of why you fear the other person will commit an offence against you, your family or your property. The clerk will also give you the forms needed to start the process.

Once the information is sworn before the court, a hearing date will be set. You may give a summons to the defendant. The clerk can advise you on how to lawfully serve a summons in your jurisdiction.

At the hearing, you need to appear and provide testimony to the court and give the reasons for your fear. You can have a lawyer represent you during the hearing if you want.

The application and the hearing date are filed at the court registry. The police are also given a copy of the hearing information.